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Self Defense to Aggrevated Battery

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mike20202

Junior Member
undefinedFlorida What is the name of your state?

Incident startes as follows,my friend and I stopped at a convience store to pick up some cigarettes for my wife.After returning to my vehicle, I looked left at the car beside me and witnessed Party 1 snorting cocaine Party 1 looked at me and I looked away.My friend returned to the vehicle and I brought it to his attention of what I just saw.I proceeded to back out of parking spot when I noticed that the vehicle to my left starting to back out,not wanting Party 2 to strike my vehicle I tooted my Horn,which in turn brought dirty looks and hand jestures.Proceeded to drive away when said vehicle came around on drivers side to try and overtake us exiting the parking lot,only to find dumpster blocking thier way.Both vehicles at that time were stopped,when Party 1 & 2 which were on the passenger side of the vehicle exited yelling at me,in return I asked what the hell is wrong with you.That is when Party 1 & 2 started to remove tools from the back of our pickup truck and started towards thier car with them,my friend exited the truck and then I did only to find our hammer drill being hurled towards me,thats when I felt I was in real danger and grabbed the first thing I could grab which was a hoe from the back of the truck.Just then Party raises toolbox(approx 35lbs)to throw at me and in return using hoe I pushed her (party 2)back away from me touching here around the shoulder area.Toolbox hit the ground while she ran back around to drivers side of thier vehicle and proceeded to grab empty beer bottles throwing them in my direction, in my attempt to block them I struck and broke Party 1 car rear window,it shattered.Another car pulls up and assists in calming everyone down thus altercation is then reduced to verbal bashing.While on my phone calling the police I flagged down officer which came to the scene.Still heated from what just happened(officer evaluates me as being aggressive).I sat down in my vehicle while friend collects tools scattered around parking lot(Drill,Drill bits and tool boxes)More officers show up that in turn start taking statements from people that were involved in the incident.After all statements were filled out I find myself being arrested for aggrevated battery with weapon along with criminal mischief.Afer posting bond and recieving Party 2 statement did I realize that Party 3 the driver fled the scene,and there were lots of pieces form the puzzle.The one key factor in her statement says I exited the vechile first and grabbed the hoe in return she goes to pickup to grab toolbox to defend herself .Ha-Ha why would she come towards me while Im holding hoe to get toolbox from pickup to defend herself.I feel I acted in self defense.What do you Think? Please help
 


Happy Trails

Senior Member
mike20202 said:
undefinedFlorida What is the name of your state?

Incident startes as follows,my friend and I stopped at a convience store to pick up some cigarettes for my wife.After returning to my vehicle, I looked left at the car beside me and witnessed Party 1 snorting cocaine Party 1 looked at me and I looked away.My friend returned to the vehicle and I brought it to his attention of what I just saw.I proceeded to back out of parking spot when I noticed that the vehicle to my left starting to back out,not wanting Party 2 to strike my vehicle I tooted my Horn,which in turn brought dirty looks and hand jestures.Proceeded to drive away when said vehicle came around on drivers side to try and overtake us exiting the parking lot,only to find dumpster blocking thier way.Both vehicles at that time were stopped,when Party 1 & 2 which were on the passenger side of the vehicle exited yelling at me,in return I asked what the hell is wrong with you.That is when Party 1 & 2 started to remove tools from the back of our pickup truck and started towards thier car with them,my friend exited the truck and then I did only to find our hammer drill being hurled towards me,thats when I felt I was in real danger and grabbed the first thing I could grab which was a hoe from the back of the truck.Just then Party raises toolbox(approx 35lbs)to throw at me and in return using hoe I pushed her (party 2)back away from me touching here around the shoulder area.Toolbox hit the ground while she ran back around to drivers side of thier vehicle and proceeded to grab empty beer bottles throwing them in my direction, in my attempt to block them I struck and broke Party 1 car rear window,it shattered.Another car pulls up and assists in calming everyone down thus altercation is then reduced to verbal bashing.While on my phone calling the police I flagged down officer which came to the scene.Still heated from what just happened(officer evaluates me as being aggressive).I sat down in my vehicle while friend collects tools scattered around parking lot(Drill,Drill bits and tool boxes)More officers show up that in turn start taking statements from people that were involved in the incident.After all statements were filled out I find myself being arrested for aggrevated battery with weapon along with criminal mischief.Afer posting bond and recieving Party 2 statement did I realize that Party 3 the driver fled the scene,and there were lots of pieces form the puzzle.The one key factor in her statement says I exited the vechile first and grabbed the hoe in return she goes to pickup to grab toolbox to defend herself .Ha-Ha why would she come towards me while Im holding hoe to get toolbox from pickup to defend herself.I feel I acted in self defense.What do you Think? Please help
Why did you stop? That is not rational behavior.

You are all guilty of escalating the situation.
 

mike20202

Junior Member
why did i stop

florida because I have a manual transmission just purchased truck not used to it yet,and stalled it.
 

CdwJava

Senior Member
mike20202I feel I acted in self defense.What do you Think? Please help[/QUOTE said:
Mor eimportantly: What does your attorney think?

Were there surveillance cameras that have tapes that could corroborate your version of events?

At this point it seems to be your word against theirs, and with damage to the other vehicle, you'd likely lose. However, if it goes to court it could well become a case where nothing can be proven beyond a reasonable doubt.

Get ready for a plea offer to come your way.

- Carl
 

Happy Trails

Senior Member
mike20202 said:
florida because I have a manual transmission just purchased truck not used to it yet,and stalled it.
Then instead of getting out of your vehicle, you start it up and leave. However, there is a lot more to the story. Get an attorney as suggested.

Aggravated battery is a felony of the second degree. Punishable by a term of imprisonment not exceeding 15 years and/or a fine up to $10,000. (That's if you have a clean record.)
 

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